321. JOHN STEVENS proceedingsdefend This name instance is in set 1375. This set is in the group(s): GarrowsClients . was indicted for feloniously stealing, on the 27th day of January last, one cloth coat, value 20 s. and one silk waistcoat, value 10 s. the property of John Law proceedingsvictim .

The witnesses examined apart at the request of Mr. Garrow, the prisoner's Council.

JOHN LAW < no role > sworn.

On the 27th of January, I lost a coat and a waistcoat, I left the coat in care of Mrs. Underhill, I have seen it since and the waistcoat; I know the prisoner, I saw him at his mother's house at Stepney.

(Produced.)

Mr. Garrow. I believe Mr. Stevens lives at the World's-end? - Yes.

What World's-end ? - At Stepney .

Does he lodge in the house of Mrs. Underhill? - No, he lodges along with his mother.

Has not Mrs. Underhill an apartment there? - Yes.

Do you owe the prisoner any money? - No.

Never did? - No.

Court. Where do you live? - About thirty yards from the same house, I am a shipwright .

SARAH UNDERHILL < no role > sworn.

I have lived at Stepney ever since last June, in the house where the prisoner lives, this coat and waistcoat were left in my charge by Mr. Law, on Christmas day, or the day after; it was a light coloured coat, and a purple silk waistcoat, and the coat was lined in the fore part with silk of another colour; I never missed them till the man was taken up, the prosecutor never applied to me for them.

Mr. Garrow. Mrs. Underhill, pray what may you be? - Why a woman, I believe.

You are no trade? - No.

You carry on no business? - No.

Are you a married woman, or a single woman? - Married.

Then your husband perhaps is something else besides a man, what is he? - A caulker.

What is Mr. Law? - He is a carpenter, and goes to sea.

Is not he a sailor? - A carpenter .

Are not these very fine clothes for a carpenter, very fine things with silk linings? - I do not know, they were given to me to put by.

You are quite sure as to them? - Quite sure.

How lately had you seen them before the prisoner was taken up? - I had not seen them a great while before, I put them in the chest, not locked, but my door was always locked, and I always found it locked.

You lodge in the house of the prisoner's mother? - Yes.

Some little money matters between you and them? - No; I was always in the room.

What always sitting watching this coat and waistcoat? - No.

Court. Does your husband live with you now? - To be sure, he never lived from me.

Have you two keys? - Only one key between us; I have six rooms, I have no servant, the prisoner, his mother, sister, and me, live in the house, his mother keeps no lodging house.

Mr. Garrow. You have by much the largest part of this house? - I have six rooms.

Do you occupy six rooms; - Yes, I could not get a licence, because it was reported it was such a bad house; it is not a public house now.

Was it licensed before? - Yes, for many years.

But when you and your husband, people of the first morality and virtue, went there, you could not get a licence? - Upon the account of the people that lives in it, the justices would not licence it.

WILLIAM ELLEY < no role > sworn.

I am headborough of St. Paul's, Shadwell, I apprehended the prisoner, and found a duplicate on him that he sadly wanted to keep from me, it is a duplicate of a coat and waistcoat; I went with the prosecutor to the pawnbroker's, the prisoner said the coat and waistcoat were his own, and desired me to give him the duplicate back again; I saw at the pawnbroker's a light coloured coat, with a silk lining, or something of that sort, I believe it was silk; the things were produced before Justice Green, and the prosecutor swore to them.

Mr. Garrow. Where did you apprehend the prisoner? - At his mother's, at his lodgings, where these things were taken out.

Why, you are a very ready witness, how do you know where they were taken out; why it was only last Tuesday you was informed of this? - I do not know what you want me to say.

I asked you a plain question, I only wanted an answer to it; you went to the pawnbroker's? - I found the duplicate in the prisoner's purse.

Yes, and you took the purse? - Yes.

When you took the purse out, the man wanted his duplicate back again? - Yes.

He liked it a good deal better in his own hands than in your's? - Yes.

How far is it to the justice's? - A mile.

How did you go there? - Upon my legs.

What is Law? - I have seen him two or three times this session.

WILLIAM HARPER < no role > sworn.

I live at Mr. Birne's a pawnbroker, that duplicate is my hand writing, on the 27th of January, the prisoner brought the clothes to me.

Court. Had you ever seen the man before that brought them? - Not to my knowledge.

You have a great many people I dare say come to you in the course of business? - Yes.

I wish you would look at the prisoner, and tell the Jury whether you are satisfied that he is the man? - I am quite clear, I have no doubt about it, I saw him since at the Justice's.

(The coat and waistcoat produced.)

Mr. Garrow. How many more gentlemen of your description does Mr. Birne retain? - His son and a boy.

After you had this coat and waistcoat in, what did you do with it? - It was put in the warehouse, I billed it and booked it.

Will you swear you put it into the warehouse? - I will not.

Then I am right in supposing that for ought you know you left it on the counter? - Perhaps I might.

Perhaps then it might have been removed by somebody in the house? - Yes.

The duplicate itself contains no description of the coat or waistcoat? - It does not.

By what do you affect to identify the prisoner? - When he came I objected to taking them, I thought the coat too fine with a silk ining, I asked him whose coat and waistcoat it was, he said it was his own, he said, he was a bricklayer by trade, and had been out of work some time, and if I doubted it, he would try them on, but they appeared to be his size; and I knew him again at the Justice's.

My question is, by what do you pretend to swear that that is the man that gave you the coat and waistcoat? -By his being some time in the shop, and my saying these things to him; we have a vast number of people.

What size is your shop? - Rather a large shop and a pretty large window.

And something hung up in it that obscures it a little? - Yes.

Is your shop cupboarded off n the old style? - You mean those places that people come in that do not chuse to be exposed.

Yes, how many of those places have you? - Three.

Did the prisoner come into one of those places? - Yes, but there was light enough, I suppose he was in the shop ten minutes.

Do not suppose, but swear something about it, will you swear he was there five minutes? - Yes.

Will you swear to ten? - No.

You never saw the man before in the whole course of your life? - Not to my knowledge.

And you first saw him afterwards at the Justice's in the character of a felon, charged with this offence, and were told a duplicate had been found upon him? - I immediately recollected the prisoner.

If you had met that man in Fleet-market on the day you saw him at the Justice's, should you have known him? - I should have recollected he was one of my customers.

Court. The moment they applied for these things did you immediately fetch this coat and waistcoat? - I sent the boy for them.

Did you at that time recollect that these were the things that were pawned by the prisoner? - I did not then immediately.

Mr. Garrow. You do not universally give duplicates? - No.

They pay you for them? - Yes.

Do people that pledge things that are stolen take duplicates? - Sometimes.

PRISONER's DEFENCE.

Yesterday was eight weeks, I was coming from Wapping New-stairs, and coming through Sun Tavern Fields, about seven o'clock across Farmer Cole's Fields, the cow-keeper, there was a man and a woman together, and they had each of them a heavy bundle, they walked forward, and just as I got through the post, I kicked my foot against this bundle, there was a large blanket, a coat and waistcoat, and a pair of stockings in it, which I brought home with me, my witnesses did not expect my trial being on.

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. ROSE.